[Deathpenalty] death penalty news----FLA., ALA, . MISS., OHIO, IND., ILL.

[Rick Halperin]

September 21





FLORIDA:

Andrew Gillum wants to suspend death penalty if elected governor----Gillum's 
stance under question by Orange County family



The family of a murdered Orange County teen said they want to know more details 
about Democratic gubernatorial candidate Andrew Gillum's stance on the death 
penalty.

Gillum told WFOR-TV in August that he wants to temporarily suspend the death 
penalty in Florida if he's elected governor.

"Until we can come up some answers as to why it is that there seems to be in 
this state the racial bias when it comes to the application on the death 
penalty," he told the station.

"These are heinous crimes," Rafael Zaldivar said in response.

Zaldivar's 19-year-old son Alex was shot and killed in Orange County in 2012 by 
Bessman Okafor.

Okafor is now being resentenced after a Supreme Court decision requiring all 
death penalty cases to have a unanimous jury verdict.

Zaldivar said he doesn't want that possibility taken away.

"That's going to be a problem with not only for my son's case, Bessman Okafor, 
but we have the Markeith Loyd case and 26 other cases," he said.

Many of those cases were taken away from State Attorney Aramis Ayala by Gov. 
Rick Scott after she announced last year that she would not seek the death 
penalty in any case.

Since then, Ayala has made changes.

She said she will now consider whether the death penalty is appropriate in some 
cases using a panel of colleagues as the decision-makers.

She has also come out supporting Gillum in his bid for governor.

Gillum said he disagrees with Ayala on some topics, and he doesn't call himself 
a "death penalty opponent."

He said he just wants it to be carried out fairly.

"Justice delayed is not justice denied," he told WFOR. "Justice will be had 
here."

"I'm asking you, Mr. Gillum, personal question to you," Zaldivar said. "Are you 
for it or against it? If you win, are you going to give those cases back to 
Aramis Ayala? That's what I need to know."

Gillum's campaign staffers did answer that question after News 6 asked them 
Thursday.

Ayala's office also did not comment.

Gillum's Republican competitor, Ron DeSantis, also did not respond to a request 
for his stance on the death penalty, although DeSantis has supported 
legislation that included the death penalty as a sentence.

(source: clickorlando.com)








ALABAMA:

Derrick Dearman found guilty in 5 Citronelle murders, jury recommends execution



Derrick Dearman, the man charged with killing 5 people, 1 of whom was a 
pregnant women, and kidnapping his estranged girlfriend and an unrelated 
infant, has been found guilty of 10 counts of capital murder, according to the 
Mobile County District Attorney's Office.

The jury recommended the death penalty, according to the DA's office.

Dearman was charged with 6 counts of capital murder and 2 of kidnapping, and 
entered an initial plea of not guilty on Aug. 31, 2016. In March 2017, a grand 
jury indicted him on multiple counts of capital murder, both for murders 
committed during a burglary and a murder involving multiple victims. Dearman 
pleaded not guilty to the charges in May 2017.

The bodies of 5 adults were found in an isolated home on a dirt road west of 
the Citronelle on Aug. 20, 2016. Law enforcement officials allege Dearman 
entered the home in the early hours of the morning; attacked the sleeping 
residents using an axe and at least 1 firearm. Police say he killed 5 adults 
including a pregnant woman; and kidnapped his estranged girlfriend and an 
unrelated infant, eventually freeing them after he took them to a relative's 
home in Mississippi.

Questions about Dearman's competency to stand trial arose and a change in 
council happened last fall, AL.com journalist Lawrence Specker reported.

Dearman objected to any mental evaluation, according to court filings from 
earlier this year. Records also say that "At the present time, Mr. Dearman has 
not indicated that he will introduce evidence of this nature at trial and has 
not raised the issue of 'not guilty by reason of mental disease or defect,' his 
competency to stand trial or any claims regarding his intelligent quotient."

(source: al.com)








MISSISSIPPI----new death sentence

Tony Clark given death penalty for 2014 Canton murder----Clark found guilty for 
the slaying of Muhammad Saeed, 13



A Madison County jury gave Tony Clark the death penalty on the 1st count.

The jury handed down a guilty verdict Tuesday for Tony Clark who shot and 
killed 13-year-old store clerk, Muhammad Saeed, and shot his father, Fayd.

The jury deliberated for a little over an hour and unanimously found Clark 
guilty on all 3 counts of his indictment.

Prosecutors on Tuesday showed the jury the entire surveillance video from the 
Fat Boy Convenience Store in Canton on the night of the shooting back in 
October 2014. Prosecutors say the video showed Tony Clark and his nephew, 
Teonta, enter the store and without warning Tony Clark pulled out a handgun and 
shot Muhammad in the head right in front of his father, Fayd.

"At no time when Tony entered the store was there any demand for money. I 
believe if he would have entered that store and brandished the firearm that 
they would have immediately given him anything he wanted," said Michael Guest, 
District Attorney for Madison and Rankin counties.

Prosecutors say it was the surveillance video and the father's eyewitness 
testimony that helped seal the guilty verdict for Tony Clark.

Clark's nephew, Teonta Clark, is set to stand trial for capital murder later 
this year but the prosecutors say they are not seeking the death penalty 
against him because he didn't pull the trigger.

(source: WAPT news)








OHIO:

Death sentence upheld for man who killed Bible school teacher in 1994



The Ohio Supreme Court has upheld the death penalty of a man who was found 
guilty of killing an 88-year-old Bible school teacher in 1994.

This is the 2nd time the Ohio Supreme Court has affirmed the death penalty for 
James Goff, of Clinton County. Goff killed Myrtle Rutledge, who was found dead 
by her daughter in her home near Wilmington.

The court originally upheld his death sentence in 1998, but the Sixth U.S. 
Circuit Court of Appeals ordered Goff's case to be reopened in 2010. He was 
again sentenced to death and appealed the decision. Jan. 16, 1996, was his 
initial date set for his death sentence, according to Enquirer Archives.

Enquire Archives said it took a jury 3 hours to convict him of robbing and 
stabbing Rutledge. She was stabbed a dozen times. Prosecutors said Goff was a 
crack addict who robbed Rutledge the day after delivering furniture to her 
home. He was 19 years old when he committed the crime and 20 when he was 
sentenced.

Writing for the court, Justice Sharon Kennedy said the justices analyzed Goff's 
4 objections to the trial proceedings and said no errors occurred. In an 
independent review, the court also found the aggravating circumstances 
outweighed the mitigating circumstances beyond a reasonable doubt.

"Goff identified Rutledge, an 88-year-old woman, as a potential burglary victim 
while delivering furniture to her. He returned to Rutledge's home and murdered 
her in the course of the burglary. In contrast, Goff's mitigation evidence has 
little significance," the court said.

(source: Cincinnati Enquirer)

******************************

Akron Craigslist killer appeals death conviction to U.S. Supreme Court



Craigslist killer Richard Beasley has filed an appeal of his death penalty 
conviction with the U.S. Supreme Court.

Beasley, a death row inmate from Akron, is arguing that Ohio Supreme Court 
Justice Patrick DeWine, the son of Ohio Attorney General Mike DeWine, should 
have recused himself from Beasley's case when it was before the state's high 
court. The attorney general's office assisted with Beasley's prosecution and 
argued the case before the Ohio Supreme Court.

"We see it as a conflict of interest when your father???s office is arguing a 
case before you," said Akron Attorney Donald Gallick, Beasley's attorney.

The U.S. Supreme Court will decide whether it wants to consider Beasley's 
appeal.

This isn't the only time that the issue of Patrick DeWine and Mike DeWine's 
relationship has been raised in a court case. Patrick DeWine recently recused 
himself from a case involving the Electronic Classroom of Tomorrow (ECOT), an 
online charter school, that Mike DeWine's office was involved with, according 
to a Columbus Dispatch article.

The Ohio Supreme Court upheld Beasley's death sentence Feb. 9. Beasley had 
challenged the sentence because he said there were multiple trial errors.

Beasley was convicted of posting bogus job offers on Craigslist to rob and 
murder three men in 2011. Beasley and his teenage accomplice, Brogan Rafferty 
of Stow, were convicted in 2013. Rafferty was sentenced to life in prison 
without parole.

The murders made national news because Beasley posted ads on Craigslist to lure 
the men to a remote spot in southern Ohio.

Beasley also still has other post-conviction appeals pending in court.

(source: ohio.com)

*********************

Prosecutor seeks time to answer Gurto defense motions



Prosecutors say they need more time to answer almost a dozen motions filed 
earlier this month by attorneys representing Joshua Gurto, the Conneaut man 
accused of raping and killing a 13-month-old girl almost 1 year ago.

On Tuesday, prosecutors filed a motion with Ashtabula County Common Pleas Judge 
Marianne Sezon seeking an extension of time to respond to 11 defense motions 
filed earlier this month. Among the defense motions was a change of venue, 
which is essentially a request to relocate Gurto's trial out of the area.

The prosecutor's office had 14 days to answer the defense motions from the date 
they were filed on Sept. 5, according to court records. The motion filed Monday 
did not state how much time the state needed to respond.

Sezon had not ruled on the prosecutor???s motions as of Wednesday afternoon, a 
court spokesperson said.

In response to an email message, Ashtabula County Prosecutor Nicholas Iarocci 
said Wednesday afternoon he was involved in a jury trial and unavailable to 
immediately comment.

Gurto, 38, has been charged in the rape and murder of Sereniti Jazzlyn-Sky 
Blankenship-Sutley, his girlfriend's daughter.

The change of venue motion stands out among a handful of motions that deal 
primarily with a number of procedural matters.

A change of venue is traditionally sought by attorneys who believe their client 
cannot receive a fair trial in the local court. In such cases, attorneys often 
cite publicity as a reason to move the trial elsewhere.

Gurto's attorney, Thomas Shaughnessy, could not be immediately reached for 
comment Wednesday.

Gurto faces 8 charges: aggravated murder (2 counts) and murder (3 counts), both 
unclassified felony offenses; rape (1st-degree felony); felonious assault 
(1st-degree felony) and domestic violence (1st-degree misdemeanor).

Death penalty specifications were added to the aggravated murder charges. If 
found guilty of that charge, he could also be sentenced to life in prison 
without parole or jailed with parole possible after 25 or 30 years.

The girl died from blunt trauma to her head and trunk, according to the 
Ashtabula County coroner???s office. Authorities have not released any other 
details about the crime.

Gurto was formally charged with murder and rape Oct. 13 by Conneaut Law 
Director Kyle Smith.

He fled the area, hitchhiking and camping in the woods until his capture Oct. 
27 in Franklin Park Borough, Pennsylvania.

Gurto was secretly indicted by the Ashtabula County grand jury Nov. 7 and 
returned to the county from Pennsylvania two days later. He is being held in 
Ashtabula County Jail in lieu of a $1 million cash or surety bond.

Gurto is not the child's father, authorities have said.

A pre-trial hearing is set for Oct. 25 in Sezon's court. A jury trial is 
scheduled for April 2019.

(source: Associated Press)








INDIANA:

Death penalty defense in officer's killing seeks brain consultant



An Indianapolis man facing the death penalty is requesting public funds to hire 
a brain injury consultant in an apparent move to raise questions about whether 
he acted "knowingly or intentionally."

Jason Brown has been charged with murder in the shooting death of Southport 
Police Officer Lt. Aaron Allan after a traffic accident in July 2017. Brown, 
who is being held in New Castle Correctional Facility, is presenting the court 
with the extremely rare situation of being indigent and represented not by the 
public defender but by a private criminal defense attorney doing the work pro 
bono.

His attorney, Denise Turner, has asked the court for an ex parte hearing to 
consider his motion for public funding of a brain injury consultant.

The defense asserted to effectively explain the need for the expert, the 
hearing should be closed because Brown will have to reveal to the court the 
theory of the defense, attorney-client confidences, work product and other 
information. Having to make the argument in open court would restrict his 
ability to provide a detailed account of the need for this kind of assistance.

In the motion, the defense offers some specifics on Brown's medical condition 
and the possible ramifications.

"The medical records provided to the State and discovered to the defense 
indicate that Mr. Brown suffered a traumatic brain injury as a result of the 
car accident that occurred immediately preceding the shooting," the motion 
states. "Additionally, a preliminary mitigation investigation has revealed that 
Mr. Brown may have suffered from multiple head injuries over the course of his 
lifetime.

"A brain injury consultant specializing in traumatic brain injury is necessary 
to Mr. Brown's defense in determining whether those injuries could have had an 
effect on Mr. Brown's ability to form the requisite mental intent as alleged in 
the charging information."

The defense argues that denying Brown privacy will violate his constitutional 
rights. While a wealthy defendant would not have to present his work product, 
requiring Brown to do so because he is relying on public funds would deprive 
him of his equal-protection rights.

Marion Superior Judge Shelia Carlisle has given the state until Oct. 1 to file 
a response.

Carlisle previously granted another motion from the defense for public funds to 
hire a mitigation specialist and an investigator. However, the judge placed 
some restrictions on the expenditures.

In her order, Carlisle held Brown demonstrated the need for the assistance of a 
mitigation specialist and fact investigator and she described the help to be 
provided by the experts as "reasonable and necessary expenses at this time." 
Even so, she maintained that while Brown is entitled to public funds for his 
defense, he is not entitled to unlimited funding.

"The trial court has a duty to ensure that any expenses spent with public funds 
are necessary to preparation of the defense, and not wasteful or extravagant," 
Carlisle wrote. "Therefore, this Court will maintain reasonable oversight over 
the amount and extent of expenses incurred under this Order."

Carlisle placed certain limitations on the money and noted failure to follow 
the guidelines could result in a denial of funds. The guidelines include hiring 
only 1 mitigation specialist and 1 investigator; not allowing the total 
expenses for both experts to exceed $4,000 per month; getting prior approval 
for all travel expenses; and requiring each expert to submit an itemized 
accounting of every expenditure each month.

(source: The Indiana Lawyer)








ILLINOIS:

Ex-Chicago police commander linked to torture of more than 100 suspects 
dies----Jon Burge once led a crew of rogue detectives accused of torturing 
mostly black men with cattle prods and guns



The former Chicago police commander Jon Burge, who was accused of torturing 
suspects in his South Side police district but was never prosecuted for the 
alleged crimes, has died, a Florida funeral home confirmed Wednesday. He was 
70.

Burge led a "midnight crew" of rogue detectives accused of torturing more than 
100 suspects, mostly black men, from 1972 to 1991, in order to secure 
confessions. His alleged victims were shocked with cattle prods, smothered with 
typewriter covers and had guns shoved in their mouths.

Burge was fired in 1993 and sentenced to prison in 2011 for lying in a civil 
case about his actions. It was too late to charge him criminally on the torture 
charges.

Sarah Zipperer of Zipperer's Funeral Home in Ruskin, Florida, on Wednesday 
would confirm only that the business was handling his remains. She refused to 
give the cause or date of his death, citing the wishes of his family.

In 2015, the city of Chicago agreed to pay $5.5m in reparations to 57 Burge 
victims. G Flint Taylor, a civil rights attorney and lawyer for some of the 
men, estimates the price tag for all Burge-related cases is about $132m.

The allegations against Burge and his men even helped shape Illinois' debate 
over the death penalty. The then governor, George Ryan, released 4 condemned 
men from death row in 2003 after Ryan said Burge extracted confessions from 
them using torture. The allegations eventually led to a moratorium on 
executions in Illinois. The state officially abolished the death penalty in 
2011.

Word of Burge's death came amid the murder trial of a white Chicago police 
officer in the fatal shooting of black teenager Laquan McDonald. Video shows 
officer Jason Van Dyke shooting McDonald 16 times as he walked away from 
police.

The possibility of such a trial would have seemed remote during Burge's time on 
the force.

"With the passing of Jon Burge, we must reflect on the dark legacy that he 
embodied," said Lori Lightfoot, a former federal prosecutor who once led a 
civilian body that oversees disciplinary cases involving officers and a 
candidate for Chicago mayor. "So many lives shattered, and a horrible stain on 
the legitimacy of policing that resonates today."

Chicago's police union issued a statement on its Facebook page expressing 
condolences to the Burge family, saying it "does not believe the full story 
about the Burge cases has ever been told". But many postings in the comments 
section denounced Burge.

Dean Angelo, the former head of the Fraternal Order of Police in Chicago, 
insisted that Burge "put a lot of bad guys in prison".

"I don't know that Jon Burge got a fair shake based on the years and years of 
service that he gave the city," Angelo told reporters during a break at the Van 
Dyke trial.

At Burge's 2010 federal trial, his lawyers called the accusers thugs and liars 
who were maligning an honorable man who had served in the US military in Korea 
and Vietnam and returned with a Bronze Star. Burge took the stand and broke his 
long silence, repeatedly denying he had tortured anyone. A jury disagreed and 
found Burge guilty of perjury.

At his 2012 sentencing, one alleged victim said Burge was so cruel that he 
laughed while he tortured him. Burge said he was "deeply sorry" for the 
disrepute his case had brought on the Chicago police department, but he offered 
no apologies for his actions.

The US district judge Joan Lefkow cited Burge's "unwillingness to acknowledge 
the truth in the face of all the evidence" and sentenced him to 4 1/2 years in 
prison.

(source: Associated Press)